Politics

INEC Chair Tenure Confusion: What the Law Really Says

By IDNN Politics Desk

The Independent National Electoral Commission (INEC) has once again found itself at the centre of political speculation, as rumours swirl that its chairman may have been asked to proceed on “terminal leave” ahead of the end of his tenure.

The Presidency has not confirmed such a directive, but the debate has reignited long-standing questions about the legal framework that governs INEC’s independence — and what it means for Nigeria’s fragile democracy as 2027 elections loom.


The Law on INEC Chair’s Tenure

Under Section 3(1) of the INEC Establishment Act, the chairman holds office for five years and may be reappointed once. The Constitution further insulates the position, stipulating that the removal of an INEC chairman can only be effected by the President subject to a two-thirds majority approval by the Senate.

This framework was designed to shield the commission from executive interference. Legal experts note that “terminal leave,” a concept common in the civil service, does not exist in the INEC Act or the Constitution. Applying it to an electoral umpire risks blurring the line between administrative routine and political manipulation.


Why It Matters for 2027

Nigeria is less than two years away from the next general election cycle. The credibility of INEC leadership is central to voter confidence, party competition, and international perception.

Opposition figures argue that any attempt to sideline the chairman before his tenure ends would amount to “executive capture.” Civil society groups have already warned that even the perception of interference could weaken electoral reforms made after the disputed 2023 polls.

A Lagos-based constitutional lawyer told IDNN: “If INEC is seen as beholden to the executive, 2027 will be dead on arrival in terms of credibility.”

For ruling party loyalists, however, the speculation is dismissed as unnecessary alarmism. They insist the President has not moved against the chairman and point to ongoing internal reforms within the commission.


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